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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1113   View pdf image
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ART. 75.] PLEADINGS—FORMS—SPECIAL CHARACTERS. 1113

time of said payment he had no notice or knowledge of the
alleged claim, and that since said payment no further assets have
come to his hands.

101. That before this suit, and after the lapse of six months
from the date of his letters testamentary, (or of administration,)
the defendant paid away, in discharge of just claims, a large
amount of assets of P. S., deceased; and that more than six
months before said payments, he gave notice to the creditors of
P. S. to bring in their claims. And at the time of said pay-
ments he had no notice or knowledge of the alleged claim. And
that there are other just debts still due from P. S., of which the
defendant had no notice or knowledge at the time of the said
payments; and he has not, and never has had, assets sufficient to
pay but a portion of the alleged claim, regard being had to the
debts still due from P. S.

102. Other pleas may be in similar form.

Commencements and Conclusions of Declarations by Executors
and Administrators against Executors and Administrators.

103. ———— county, A. B., executor of the last will, (or
administrator of the goods and chattels, &c.,) of W. K., deceased,
by S. T., his attorney, (or in person,) sues T. K., executor of the
hist will, (or administrator of the goods and chattels, &c.,) of W.
E., deceased, for (here state cause of action.)

104. "And the plaintiff claims therefor" $——, (or if the
action is detinue, brought to recover specific goods,) " the plain-
tiff claims a return of the said goods, or their value, and $——
for their detention;" (or if the action is replevin,) "the plaintiff
claims the return of the said goods," (when they have not been
replevied and delivered,) " and $—— for their detention;" (or in
cases where they have been delivered,) " the plaintiff claims said
goods and $—— for their detention."

Stirling v. Garitee, 18 Md. 468.

105. Declarations by executors and administrators against
executors and administrators, may be in the same form as if the
parties sued in their own right, if proper words are used to show
that the cause of action occurred between the persons they re-
spectively represent.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 1113   View pdf image
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